“Is my case hopeless?” This is one of the most frequently asked questions that we get from people who have been convicted and sentenced to prison, with some being in prison for just a few years, or even a number of years up to 20 years.
The truth is, there’s hope for freedom.
You’ve tried a bunch of avenues on your own, or had a lawyer, but found no success at achieving freedom from prison. Most times, we have had many people consult us with this situation and want to know what can be done.
What is The way Out?
Diligent research and investigation are what you need. Whether you hire an attorney or attempt to do it yourself, you can investigate the facts, people involved, witnesses that testified against you in your trial, or give testimony that led to your conviction.
You can talk to your previous attorney or to prosecutors in your case. Oftentimes, those people are difficult to talk to when you’re not represented.
However, regardless, you can talk to all these people to gather information, to see if there’s something that can be done.
You can conduct legal research to determine whether or not there is something that can be done. And what I’ve noticed in the many writs of habeas corpus that we’ve pursued our clients is that there’s almost always a ground that we can pursue.
What are The Complications Involved in Getting Freedom?
There are grounds that are better than others, and there are timelines that are better than others.
Your case can be a bit complicated if you’ve spent up to 20 years in prison, and you’ve filed writs of habeas corpus more than five times. It’s going to be more difficult because you’re fighting an uphill battle.
However, this is an uphill battle from the beginning because, as soon as you’re convicted, the presumption of innocence is gone. You’re presumed to be guilty, and you must overcome that presumption.
You Can’t Make the Shot You Don’t Take
The fact is, the shot you don’t take is one you will never make. And so certainly, you should give the 11.07 writ of habeas corpus a try and do that as soon as you can. Take your shot at freedom within one year of your direct appeal being final. Because if you don’t, you could be time-barred from a federal review of your case later.
If you have waited and you haven’t filed an 11.07 writ of habeas corpus application yet, do it as early as you can. But avoid the rush. Don’t just file whatever you feel is right. You should seek help to dig into your case. Oftentimes, it’s the little things that you don’t even realize until you’re deep in the research that will create a ground that’s going to set you free.
You might have hired an attorney in the past and been discouraged by their “we’re sorry, there’s nothing we can do” response.
It happens all the time.
It’s not hopeless- you need to take the best shot.
You can’t win when you quit. Put in your best. Fight more.
And Good luck!
About The Attorney
Jacob Blizzard is board certified in both criminal law and criminal appellate law.
He regularly practices in the areas of state and federal criminal defense, criminal appeals, post conviction writs of habeas corpus.
In Texas, there are more than 100,000 attorneys licensed to practice, but only 7,450 are board certified.
In the entire State of Texas, as of the 2019 certification year, there were only 87 attorneys board certified in both criminal law and criminal appellate law, making Mr. Blizzard one of 0.087% of attorneys in Texas to hold both of those certifications.
